The Limits Of Presidential Power

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The Limits of Presidential Power

Author : Lisa Manheim,Kathryn Watts
Publisher : Manheim & Watts, LLC
Page : 178 pages
File Size : 44,8 Mb
Release : 2018-01-10
Category : Executive power
ISBN : 099969880X

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The Limits of Presidential Power by Lisa Manheim,Kathryn Watts Pdf

This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.

Contested Ground

Author : Dan A. Farber
Publisher : Univ of California Press
Page : 277 pages
File Size : 46,6 Mb
Release : 2021-10-19
Category : Law
ISBN : 9780520343948

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Contested Ground by Dan A. Farber Pdf

"Presidential power is hotly disputed these days - as it has been many times in recent decades. Yet the same rules must apply to all presidents, those whose abuses of power we fear as well as those whose exercises of power we applaud. This book is about what constitutional law tells us about presidential power and its limits. It is very difficult to strike the right balance between limiting abuse of power and authorizing its exercise when needed. This book advocates a balanced, pragmatic approach to these issues, rooted in history and Supreme Court rulings"--

Contested Ground

Author : Dan A. Farber
Publisher : Univ of California Press
Page : 277 pages
File Size : 46,9 Mb
Release : 2021-10-19
Category : Law
ISBN : 9780520975279

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Contested Ground by Dan A. Farber Pdf

The Trump presidency was not the first to spark contentious debates about presidential power, but its impact on these debates will reverberate far beyond his term. The same rules must apply to all presidents: those whose abuses of power we fear, as well as those whose exercises of power we applaud. In this brief but wide-ranging guide to the presidency, constitutional law expert Daniel Farber charts the limits of presidential power, from the fierce arguments among the Framers to those raging today. Synthesizing history, politics, and settled law, Contested Ground also helps readers make sense of the gaps and gray areas that fuel such heated disputes about the limits of and checks on presidential authority. From appointments and removals to wars and emergencies, Contested Ground investigates the clashes between branches of government as well as between presidential power and individual freedom. Importantly, Farber lays out the substance of constitutional law and the way it is entwined with constitutional politics, a relationship that ensures an evolving institution, heavily shaped by the course of history. The nature of the position makes it difficult to strike the right balance between limiting abuse of power and authorizing its exercise as needed. As we reflect on the long-tailed implications of a presidency that tested these limits of power at every turn, Contested Ground will be essential reading well after today’s political climate stabilizes (or doesn’t).

Truman and the Steel Seizure Case

Author : Maeva Marcus
Publisher : Duke University Press
Page : 422 pages
File Size : 50,8 Mb
Release : 1994
Category : Biography & Autobiography
ISBN : 0822314177

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Truman and the Steel Seizure Case by Maeva Marcus Pdf

"Although there have been some other articles and books on the "Youngstown" case, this book remains definitive. The author handles a variety of materials exceedingly well, and shows great sensitivity not only to the legal issues involved, but to the political ones as well. It is a model case study."--Melvin I. Urofsky, Virginia Commonwealth University

Emergency Presidential Power

Author : Chris Edelson
Publisher : University of Wisconsin Pres
Page : 376 pages
File Size : 50,5 Mb
Release : 2013-12-19
Category : History
ISBN : 9780299295332

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Emergency Presidential Power by Chris Edelson Pdf

Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University

The Limits of Presidential Power

Author : Lisa Manheim,Kathryn A. Watts
Publisher : Unknown
Page : 169 pages
File Size : 55,7 Mb
Release : 2018
Category : Executive power
ISBN : 0999698818

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The Limits of Presidential Power by Lisa Manheim,Kathryn A. Watts Pdf

The Power of the Presidency

Author : Robert S. Hirschfield
Publisher : Routledge
Page : 502 pages
File Size : 42,8 Mb
Release : 2017-07-05
Category : Political Science
ISBN : 9781351476560

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The Power of the Presidency by Robert S. Hirschfield Pdf

The American presidency is the most powerful political office in the world. But this impressive statement serves only to raise a whole series of fundamental questions: What is the scope of presidential powers and what are its limits? Can the president use all the authority of his office or is that authority more formal than effective? Does the presidency have sufficient power to meet today's needs or do the problems of the modern age demand a more powerful executive? Is there a danger of dictatorship in the growth of political authority or will the presidency remain an office of constitutional democratic leadership?This book explores such questions by presenting a wide range of views on presidential power from a variety of sources: original supporters and opponents of the office; presidents themselves; Supreme Court decisions; and professional students of the presidency.

By Executive Order

Author : Andrew Rudalevige
Publisher : Princeton University Press
Page : 324 pages
File Size : 53,9 Mb
Release : 2021-04-06
Category : Political Science
ISBN : 9780691194356

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By Executive Order by Andrew Rudalevige Pdf

In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today--as well as more than two hundred others negotiated but never issued--shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally.

Thinking About the Presidency

Author : William G. Howell
Publisher : Princeton University Press
Page : 224 pages
File Size : 52,7 Mb
Release : 2015-03-22
Category : Political Science
ISBN : 9780691165684

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Thinking About the Presidency by William G. Howell Pdf

How the search for power defines the American presidential office All American presidents, past and present, have cared deeply about power—acquiring, protecting, and expanding it. While individual presidents obviously have other concerns, such as shaping policy or building a legacy, the primacy of power considerations—exacerbated by expectations of the presidency and the inadequacy of explicit powers in the Constitution—sets presidents apart from other political actors. Thinking about the Presidency explores presidents' preoccupation with power. Distinguished presidential scholar William Howell looks at the key aspects of executive power—political and constitutional origins, philosophical underpinnings, manifestations in contemporary political life, implications for political reform, and looming influences over the standards to which we hold those individuals elected to America's highest office. Howell shows that an appetite for power may not inform the original motivations of those who seek to become president. Rather, this need is built into the office of the presidency itself—and quickly takes hold of whoever bears the title of Chief Executive. In order to understand the modern presidency, and the degrees to which a president succeeds or fails, the acquisition, protection, and expansion of power in a president's political life must be recognized—in policy tools and legislative strategies, the posture taken before the American public, and the disregard shown to those who would counsel modesty and deference within the White House. Thinking about the Presidency assesses how the search for and defense of presidential powers informs nearly every decision made by the leader of the nation. In a new preface, Howell reflects on presidential power during the presidency of Barack Obama.

Power Without Constraint

Author : Chris Edelson
Publisher : University of Wisconsin Pres
Page : 250 pages
File Size : 53,5 Mb
Release : 2016-05-11
Category : History
ISBN : 9780299307400

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Power Without Constraint by Chris Edelson Pdf

Despite rhetorical differences, the administrations of George W. Bush and Barack Obama have both claimed broadly unrestrained presidential power in matters of military force, surveillance, and the state secrets privilege.

The President and Immigration Law

Author : Adam B. Cox,Cristina M. Rodríguez
Publisher : Oxford University Press
Page : 361 pages
File Size : 42,8 Mb
Release : 2020-08-04
Category : Law
ISBN : 9780190694388

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The President and Immigration Law by Adam B. Cox,Cristina M. Rodríguez Pdf

Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Presidential Power

Author : Robert Y. Shapiro,Martha Joynt Kumar,Lawrence R. Jacobs
Publisher : Columbia University Press
Page : 544 pages
File Size : 40,6 Mb
Release : 2000
Category : Executive power
ISBN : 9780231109338

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Presidential Power by Robert Y. Shapiro,Martha Joynt Kumar,Lawrence R. Jacobs Pdf

Building on Richard Neustadt's work "Presidential Power: the Politics of Leadership", this work offers reflections and implications from what has been learned about presidential power. Each essay takes a different look at the state of the American presidency.

The President Who Would Not Be King

Author : Michael W. McConnell
Publisher : Princeton University Press
Page : 440 pages
File Size : 42,6 Mb
Release : 2020-11-10
Category : Political Science
ISBN : 9780691211992

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The President Who Would Not Be King by Michael W. McConnell Pdf

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

After Trump

Author : Bob Bauer,Jack Goldsmith
Publisher : Lawfare Press
Page : 436 pages
File Size : 50,8 Mb
Release : 2020-09-15
Category : Executive power
ISBN : 1735480614

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After Trump by Bob Bauer,Jack Goldsmith Pdf

In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.

Executive Privilege

Author : Mark J. Rozell
Publisher : Unknown
Page : 276 pages
File Size : 43,7 Mb
Release : 2010
Category : History
ISBN : UOM:39076002878614

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Executive Privilege by Mark J. Rozell Pdf

This book provides an in-depth history and analysis of executive privilege from President Nixon to President Obama, and its relation to the proper scope and limits of presidential power.